Gillingwater's History of Lowestoft: a reprint: with a chapter of more recent eventsGillingwater, Edmund
History
Gillingwater's History of Lowestoft: a reprint: with a chapter of more recent events
Gillingwater, Edmund
Lothingland (England); Lowestoft (England)
In obedience to your Majesty’s order in council, of the 25th January
last, I have heard the inhabitants of the town of Lowestoft, in the
county of Suffolk, and also the inhabitants of Great Yarmouth, in the
county of Norfolk, and their learned counsel on both sides; and do
find, that the contention between the said towns concerning the
herring fishery, hath depended for a very long time. And that divers
statutes have been made in this case by parliaments, and again
afterwards repealed. And also divers ordinances and inquisitions
have anciently been made and taken, by the king’s commission directed
to men of great quality, and afterwards altered and revoked again by
the like authority. But there was one statute made in the 31st
Edward III, whereby amongst other things it is provided, that none
shall sell herrings in any place about the haven of Yarmouth, by
seven miles, but in the three towns of Yarmouth, except the said
herrings be of ‘their own fishing.’ And I have likewise seen the
opinions of several learned judges, some of them conceiving, that the
said statute, 31 Edward III is repealed; and others, that the said
statute, and also one other Act made in the tenth year of Richard II,
for reviving divers former repealed charters, made to Yarmouth, stand
still in force bylaw, and are not repealed. And those judges who
were of opinion that the same were not repealed, did think it good
and convenient to have the seven miles measured, and to begin at the
crane key in Yarmouth, where the said fair of herrings is kept (to
which place the fishers who sell their fish at Yarmouth must first
come, and their cable draw to land, before they deliver their
herrings), and so go towards Lowestoft, and where the seven miles do
end, to set up some apparent mark to make it known; and did certify
the same accordingly to the lords of Queen Elizabeth’s privy council.
But the inhabitants of Yarmouth being discontented with the first
certificate of the said judges, did procure a rehearing of their
cause before them, who having accordingly heard them and their
learned counsel, did certify that they did find no cause to alter
their former certificate; yet the admeasurement was suspended by
reason of the Yarmouth men alledging, that the admeasurement of the
seven miles from the key of Yarmouth would be prejudicial to their
charters and liberties; and that by the said statute, 31 Edward III,
the seven miles ought to be accounted from the utmost bounds of the
haven, which they affirmed to have been extended, in the memory of
man, a mile beyond where it was then; so that it was directed by the
lords of her said late majesty’s most honourable privy council, that
there should be seven miles measured from the key at Yarmouth and
from the utmost bounds of their haven, where the five ports begin
Public-domain text, read in full here on John Shaqi.
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